Berry Producer Driscoll’s Sued Over Alleged Greenwashing, Use of Forever Chemicals

The world’s largest berry company will have to face a class-action lawsuit for supposed “greenwashing” after it allegedly failed to disclose the risk or use of pesticides containing what are known as “forever chemicals.” In a class-action lawsuit filed earlier this month in Superior Court in California against Driscoll’s Inc., plaintiffs claim violations of false advertising, unfair competition, and the state’s Consumer Legal Remedies Act. Driscoll’s makes multiple statements of environmentally friendly, safe, and sustainable practices in marketing collateral, but the plaintiffs say an independent study recently revealed the presence of pesticide residue, including PFAS (per- and polyfluoroalkyl substances), on Driscoll’s strawberries. According to the plaintiffs, “Driscoll’s ran an environmentally friendly campaign—greenwashing its true farming and manufacturing practices that included these forever chemicals known to be extraordinarily difficult to clean up and break down and accumulate in the environment and living organisms, including humans.” According to the suit, testing found residue of a dozen different pesticides, eight considered PFAS, in the strawberries. Related: Mamavation Finds PFAS-Laden Pesticides in Driscoll’s Strawberries “Reasonable consumers are increasingly concerned about the environmental consequences of agricultural production, including contamination of soil and water resources through the use of persistent synthetic chemicals,” reads the lawsuit. “As a result, Driscoll’s environmental stewardship and sustainability representations and misleading partial disclosures are material to consumers’ purchasing decisions and contribute to the premium reputation and value associated with the Driscoll’s brand.” When reached for a comment, Driscoll’s said it rejected the allegations, and it believes they are “without merit.” “As a family-owned company, food safety, quality, and integrity are fundamental to who we are,” a company spokesperson said in an email. “We maintain robust food safety and compliance programs and rigorous standards designed to support compliance with applicable regulatory requirements. For more than 100 years, we have worked to earn the trust of our customers by communicating responsibly about our products and our growing practices, and we remain committed to that responsibility every day.” On a company webpage, Driscoll’s said its reputation is based on trust and transparency. The entry on food safety said the company and its independent growers are regulated by federal, state, and local agencies. “Driscoll’s berries are safe to eat and meet all applicable regulatory standards,” the company said. Related: Viewpoint: Are PFAS the New Asbestos? Getting Ahead of Forever Chemical Risk Topics Lawsuits Chemicals